' MALIK SAEED EJAZ, J.---Fiaz Ahmad-petitioner seeks his post-arrest bail in case F.I.R. No,147/08 dated 20-4-2008 registered under Articles 3/4 of Prohibition (Enforcement of Hadd) Order 4 of 1979 at Police Station Kot Sultan District Layyah.
2. Brief facts of the case are that on 20-4-2008 the petitioner was caught hold with the possession of 76 Koppies containing liquor. His co-accused were succeeded to run away. The allegation against the petitioner is that he was riding a motorcycle and the other co-accused were sitting on the said motorcycle holding Koppies of liquor with them in two different bags.
3. Learned counsel for the petitioner submits that one co-accused has been declared innocent while the other Abdul Majeed has been granted bail by the learned Magistrate section-30 on 28-5- 2008. Since the petitioner has been shown arrested at the spot, therefore, his bail was declined by both the Courts below. Further submits that as per contents of F.I.R. The alleged liquor was not in the possession of the petitioner but the same was in possession of other co-accused, out of whom, one has been declared innocent and the other has been released on bail. Lastly it is argued that the case of the petitioner does not fall within the prohibitory clause and there is no allegation of selling of such articles.
4. Learned counsel for the State submits that the petitioner is nominated in the F.I.R. And he was caught hold at the . Spot and the whole liquor was recovered from him.
5. After hearing the arguments from both sides and perusing the record, it is an admitted fact that the petitioner is nominated in the F.I.R. And 76 Koppies of liquor were recovered from him. On may query, each Koppy contains half litre of liquor which means that 38 litres liquor has been shown to be recovered from the petitioner which offence does not fall within the prohibitory clause.
Admittedly the petitioner is not a previous record holder.
6. In view of the above, the petitioner is admitted to bail subject to furnishing bail bonds in the sum of Rs,2,00,000 with two sureties each in the like amount to the satisfaction of learned trial Court.